DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on the following dates are in compliance with the provisions of 37 CFR 1.97 and are being considered by the Examiner: 02/27/2025.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
4. Claims 24-46 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-23 of U.S. Patent No. 12266068B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are similar to the claims in the patent to meet the limitations claimed in the patent.
Table 1: Comparison of claims in instant application 19/065693 vs. claims in US12266068B2.
Instant Application (19065693)
US12266068B2
24. A computer-implemented method comprising:
presenting content in an electronically rendered scene, the presented content showing a set of objects in the scene;
receiving a first input identifying a first object of the set of objects in the scene; and
responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene.
1. A computer-implemented method comprising:
presenting augmented reality (AR) content in a scene, the presented AR content showing a set of objects in the scene, at least some of the objects of the set of objects being rendered 3D objects;
receiving a first input identifying a first object of the set of objects in the scene; and
responsive to receiving a second input, providing updated AR content in the scene based on the first input and the second input, the updated AR content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered 3D object, wherein the at least one different rendered 3D object is determined based on the identified first object of the set of objects in the scene.
25. The method of claim 24, wherein the second input comprises a swipe gesture.
2. The method of claim 1, wherein the second input comprises a swipe gesture.
26. The method of claim 24, wherein the first input is one of a lock input and an unlock input.
3. The method of claim 1, wherein the first input is one of a lock input and an unlock input.
27. The method of claim 24, wherein the at least one different rendered object replaces the first object of the set of objects.
4. The method of claim 1, wherein the at least one different rendered 3D object replaces the first object of the set of objects.
28. The method of claim 24, wherein the at least one different rendered object replaces the at least one other object of the set of objects.
5. The method of claim 1, wherein the at least one different rendered 3D object replaces the at least one other object of the set of objects.
29. The method of claim 24, wherein the at least one different rendered object comprises at least one new rendered object.
6. The method of claim 1, wherein the at least one different rendered 3D object comprises at least one new rendered 3D object.
30. The method of claim 24, wherein a position of the at least one different rendered
object is offset from a particular location of the first object or the at least one other of the
objects.
7. The method of claim 1, wherein a position of the at least one different rendered 3D object is offset from a particular location of the first object or the at least one other of the objects.
31. The method of claim 24, wherein one or more of the at least one different rendered object or at least one remaining rendered object comprises a rendered indication of a
selected real-world object.
8. The method of claim 1, wherein one or more of the at least one different rendered 3D object or at least one remaining rendered 3D object comprises a rendered indication of a selected real-world object.
32. The method of claim 31, wherein the rendered indication of the selected real-world
object is displayed as an overlay in the updated content.
9. The method of claim 8, wherein the rendered indication of the selected real-world object is displayed as an overlay in the updated AR content.
33. The method of claim 24, comprising:
prior to presenting the content showing the set of objects:
receiving an input in a first environment identifying an object from a set of objects
rendered in the field of view of the user device;
generating new content in the first environment including: an updated object from the set; and at least one remaining object from the set; and
transitioning to a second environment comprising the content.
10. The method of claim 1, comprising:
prior to presenting the AR content showing the set of objects:
receiving an input in a first environment identifying an object from a set of objects rendered in the field of view of the user device;
generating new content in the first environment including: an updated object from the set; and at least one remaining object from the set; and
transitioning to a second environment comprising the AR content.
34. The method of claim 33, wherein the first environment is a two-dimensional user interface displaying the set of objects
11. The method of claim 10, wherein the first environment is a two-dimensional user interface displaying the set of objects.
35. The method of claim 24, wherein the first input comprises a swipe gesture that identifies the first object of the set of objects.
12. The method of claim 1, wherein the first input comprises a swipe gesture that identifies the first object of the set of objects.
36. The method of claim 24, wherein the first input comprises identifying the first object of the set of objects based on a zoomed field of view in the content.
13. The method of claim 1, wherein the first input comprises identifying the first object of the set of objects based on a zoomed field of view in the AR content.
37. The method of claim 24, comprising using the first input to determine a replacement object as the different rendered object, for the new content.
14. The method of claim 1, comprising using the first input to determine a replacement object as the different rendered 3D object, for the new AR content.
38. The method of claim 37, wherein the first input is used to determine at least one
characteristic found in the replacement object.
15. The method of claim 14, wherein the first input is used to determine at least one characteristic found in the replacement object.
39. The method of claim 24, comprising:
repeating the method to identify a different one of the set of objects or identify an
additional one of the set of objects; and
further updating the content based on the repeating.
16. The method of claim 1, comprising:
repeating the method to identify a different one of the set of objects or identify an additional one of the set of objects; and
further updating the AR content based on the repeating.
40. The method of claim 24, wherein at least some of the objects of the set of objects are rendered 3D objects, and wherein the at least one different rendered object comprises at least one 3D object.
41. The method of claim 24, wherein the electronically rendered scene comprises AR
content.
42. The method of claim 24, wherein the electronically rendered scene comprises VR
content.
43. The method of claim 24, comprising:
receiving a third input confirming a desired set of objects in the updated content; and
executing an action associated with the desired set of objects.
17. The method of claim 1, comprising:
receiving a third input confirming a desired set of objects in the updated AR content; and
executing an action associated with the desired set of objects.
44. The method of claim 43, wherein the action comprises a retail checkout mechanism.
18. The method of claim 17, wherein the action comprises a retail checkout mechanism.
45. A system comprising:
a processor;
at least one communications module to communicate with an input module of a user
device; and
at least one memory, the at least one memory comprising computer executable
instructions that, when executed by the at least one processor, causes the system to:
present content in an electronically rendered scene, the presented content showing a set of objects in the scene;
receive a first input identifying a first object of the set of objects in the scene; and
responsive to receiving a second input, provide updated content in the scene
based on the first input and the second input, the updated content keeping either the
first object or at least one other object of the set of objects while replacing the other of
the first object or the at least one other object of the set of objects with at least one
different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene.
19. A system comprising:
a processor;
at least one communications module to communicate with an input module of a user device; and
at least one memory, the at least one memory comprising computer executable instructions that, when executed by the at least one processor, causes the system to:
present augmented reality (AR) content in a scene, the presented AR content showing a set of objects in the scene, at least some of the objects of the set of objects being rendered 3D objects;
receive a first input identifying a first object of the set of objects in the scene; and
responsive to receiving a second input, provide updated AR content in the scene based on the first input and the second input, the updated AR content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered 3D object, wherein the at least one different rendered 3D object is determined based on the identified first object of the set of objects in the scene.
46. A non-transitory computer readable medium comprising computer executable
instructions that when executed by a processor, cause the processor to execute instructions for:
presenting content in an electronically-rendered scene, the presented content showing a set of objects in the scene;
receiving a first input identifying a first object of the set of objects in the scene; and
responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene.
23. A non-transitory computer readable medium comprising computer executable instructions that when executed by a processor, cause the processor to execute instructions for:
presenting augmented reality (AR) content in a scene, the presented AR content showing a set of objects in the scene, at least some of the objects of the set of objects being rendered 3D objects;
receiving a first input identifying a first object of the set of objects in the scene; and
responsive to receiving a second input, providing updated AR content in the scene based on the first input and the second input, the updated AR content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered 3D object, wherein the at least one different rendered 3D object is determined based on the identified first object of the set of objects in the scene.
5. Although the claims at issue are not identical, they are not patentably distinct from each other. For example, claim 24 of the present application recites “presenting content in an electronically rendered scene, the presented content showing a set of objects in the scene;” “receiving a first input identifying a first object of the set of objects in the scene; and” “responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene.” while claims 1 of US12266068B2 discloses “presenting augmented reality (AR) content in a scene, the presented AR content showing a set of objects in the scene, at least some of the objects of the set of objects being rendered 3D objects;” “receiving a first input identifying a first object of the set of objects in the scene; and” “responsive to receiving a second input, providing updated AR content in the scene based on the first input and the second input, the updated AR content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered 3D object, wherein the at least one different rendered 3D object is determined based on the identified first object of the set of objects in the scene”. The “presenting augmented reality (AR) content in a scene, the presented AR content showing a set of objects in the scene, at least some of the objects of the set of objects being rendered 3D objects;” “receiving a first input identifying a first object of the set of objects in the scene; and” “responsive to receiving a second input, providing updated AR content in the scene based on the first input and the second input, the updated AR content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered 3D object, wherein the at least one different rendered 3D object is determined based on the identified first object of the set of objects in the scene” would be corresponding to “presenting content in an electronically rendered scene, the presented content showing a set of objects in the scene;” “receiving a first input identifying a first object of the set of objects in the scene; and” “responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene.”
6. Regarding Claims 45 and 46, the claims are rejected under obviousness double
patenting for the same rational described as above.
Allowable Subject Matter
7. Claims 24-46 are allowed over prior art.
8. The following is an examiner’s statement of reasons for allowance:
Using independent claim 24 as an example, and in the context of the claim as a whole, the prior art does not teach the following combination of limitations (with emphasis assed):
"receiving a first input identifying a first object of the set of objects in the scene; and" “responsive to receiving a second input, providing updated content in the scene based on
the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene” as recited by currently amended independent claim 24 (emphasis added) as described in the specification at figures 6b-6c and at least at paragraphs [0034-0037], [0051]-[0053] and [0088]-[0092].
9. Independent claims 45-46 recite similar limitations in the context of a system presenting content in an electronically rendered scene.
10. The following prior art references are relevant to the claimed invention:
Haapoja et al. (US-2022/0092857-A1) discloses a computer-implemented method comprising: presenting content in an electronically rendered scene, the presented content showing a set of objects in the scene; receiving a first input identifying a first object of the set of objects in the scene; and responsive to receiving a second input, the updated content
replacing the other of the first object or the at least one other object of the set of objects, wherein the replaced first object or at least one other object the identified first object of the set of
objects. However, “… responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene” is not disclosed.
Mani et al. (US-2020/0117335-A1), discloses the further input comprises a swipe gesture; the rendered indication of the selected real-world object is displayed as an overlay in the updated content; the first input comprises a swipe gesture that identifies the first object of the set of objects; the second environment is an augmented reality (AR) environment or a virtual reality (VR) environment; the first input comprises identifying the first object of the set of objects based on a zoomed field of view in the content. However, “… responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene” is not disclosed.
Skidmore (US-2022/0319058-A1), discloses the first input is one of a lock input and an unlock input. However, “… responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene” is not disclosed.
Paul et al. (US-2022/0058882-A1), discloses the first environment is a two-dimensional user interface displaying the set of objects. However, “… responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene” is not disclosed.
Besecker et al. (US-20230177832-A1), discloses using the first input to determine a replacement object as the different rendered object, for the new content; the first input is used to determine at least one characteristic found in the replacement object. However, “… responsive to receiving a second input, providing updated content in the scene based on the first input and the second input, the updated content keeping either the first object or at least one other object of the set of objects while replacing the other of the first object or the at least one other object of the set of objects with at least one different rendered object, wherein the at least one different rendered object is determined based on the identified first object of the set of objects in the scene” is not disclosed.
11. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LE whose telephone number is (571)272-5330. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at (571) 272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL LE/Primary Examiner, Art Unit 2614
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